The Amish are a convenient group to have around. They are, by their very nature, non-threatening . The Amish are a small, pacifist religous denomination that generally wishes to be left alone to practice their simple lifestyle as dictated by their religious beliefs. Sometimes restrictions on religious practices as imposed by the state are born out of a fear of unconventional religious groups. Without this fear, the dispensation granted the Amish under the “free exercise” clause of the First Amendment can be applied to all religious groups.
In 1972, the Supreme Court in Wisconsin v. Yoder ruled that the Amish could pull their children from public schools after the age of 14 and continue their vocational education at home despite Wisconsin law requiring school attendance untill 16. The Court conceded that the state retains a legitimate interest insuring that children are appropriately educated. However, this interest must be balanced against, “fundamental rights, such as those specifically protected by the Free Exercise Clause of the First Amendment and the traditional interest of parents with respect to the religious upbringing of their children.”
The Amish had demonstrated in the court record that the Wisconsin requirement conflicted with the Amish’s religious precepts and that the exercise of these rights would not “not impair the physical or mental health of the child, or result in an inability to be self-supporting or to discharge the duties and responsibilities of citizenship, or in any other way materially detract from the welfare of society.” In essence, given a conflict between religious practice and state regulation, reasonable accommodation should be made for religious practice.
We are now face with a new case in California involving homeschooling. According a State Court of Appeal, students must be enrolled in public schools “unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught.” Hence, interested parents who are not credentialed do not have the right to educate their children at home.
The facts of this case are somewhat different from the Wisconsin v. Yoder case. There is no specific religious group being discriminated against, but it is clear that one of the primary motivations of many homeschoolers is to raise children with values not always encouraged in public schools. To be consisten with Wisconsin v. Yoder, it would seem that the free exercise clause would protect homeschooling parents. Of course, the state as explained in Wisconsin v. Yoder does have a real interest in insuring that students adequately educated,, and the quality of teachers is certainly relevant to this question. However, empirical evidence shows that homeschooled students perform better than their public school counterparts. Hence, the real state interest appears to be to maintain the public school monopoly rather than the proper education of children.
It is not likely that this particular case will stand further legal scrutiny. After all, California Courts are notorious for getting it wrong. Moreover, the politics works in favor of homeschoolers. Even the majority of parents who elect to send their children to public schools, do not appreciate being told that they do not have discretion on how to educate their children.
Attuned to this popular sentiment, Republican Governor Arnold Schwarzenegger has said that “Parents should not be penalized for acting in the best interests of their children’s education… This outrageous ruling must be overturned by the courts, and if the courts don’t protect parents’ rights then, as elected officials, we will.” California could simply change the law to specifically allow homeschooling by parents.
The National Education Association and other lobbyists on behalf of the public school monopolies would be best not to fight the political inclination to allow home schooling. Homeschooling is always going to be the choice of only a small minority. It takes too much sacrifice on the part of modern families for homeschooling to seriously affect public school attendance. However, making too much of issue of this will cause unflattering attention to be paid to how poorly public schools do in comparison to parental amateurs.


Bad Habits Catch Up with Geraldine Ferraro
March 16th, 2008It would be gallant to remember Democrat Geraldine Ferraro as the first woman to have a chance to become vice-president, but that would represent noble hyperbole. She was the running mate of former Vice-President Walter Mondale as he tried to prevent President Ronald Reagan and Vice-President George H. W. Bush from election to a second term in 1984.
Mondale and Ferraro never really had a chance. The memory of the failed presidency of Jimmy Carter was too fresh in everyone’s mind, and the conviction that because of Reagan it was “morning America” again for the Democrats to have any realistic prospect for victory in that election cycle. The Mondale-Ferraro ticket was crushed in just about everyone way possible. The pair lost the popular vote 58.8% to 40.6% and the Electoral College by an astounding 525-13. Mondale and Ferraro only carried Mondale’s home state of Minnesota. Even there, Mondale squeaked by 49.7% to 49.5% in the popular vote. A difference of 0.2% in the popular vote in Minnesota kept Reagan and Bush from earning 100% of the Electoral College vote.
Indeed, the challenge of facing so formidable a candidate as Reagan was one of the reasons that a Congress person from New York was pulled from obscurity and put on the ticket. By boldly selecting Ferraro, Mondale hoped to secure a greater fraction of the female vote. Such an expectation was a little patronizing, but desperation was in order. In retrospect, it is hard to determine whether Ferraro helped or hurt Mondale’s prospects. Mondale was destined to loose with whatever vice-presidential candidate ran with him. Ferraro ran for office credibly despite the fact that her finances where a source of controversy.
Now in public campaign speech, it is acceptable to say that a particular vice-presidential candidate was chosen to geographically or ideologically balance a ticket. However, it is not good form to say out loud that a candidate was picked because of gender or race. In 1984, it would have be declasse to have publicly argued that Ferraro was only selected because she was a woman. The history of gender and race discrimination make such observations uncomfortable. Though it might have been impolite to observe that she was selected for her gender two decades ago, she concedes that herself now.
Unfortunately, the Democrat Party has fallen into the habit of worrying about group rather than individual representation. This practice of identity politics accustoms people to looking at race or gender first when evaluating an individual. Republicans, in order to fight this identity politics, have been trained to never, never make racial or gender observations. Doing so brings the entire weight of the mainstream media down on the Republican. To make a racial observation for a Republican plays into the media’s perception of Republicans as harboring latent racist and misogynistic dispositions.
Geraldine Ferraro is not even close to being racist. However, when she suggested that Senator Barrack Obama is leading in the Democratic primary contest because he is black, the cauldron of identity politics stirred up in her party forced her to step down from the Hillary Clinton campaign. It is a little ironic that a political party that embraces affirmative action, where race and gender are specifically used in the selection process for school admissions or hiring, are so sensitive to Ferraro’s observation that race played a role in Obama’s recent electoral success.
Those who rise to the most prominent and conspicuous positions, like Senators Barrack Obama and Hillary Clinton, do so on the basis of a complex combination of talent, work, education, family, cultural heritage, and no small measure of good fortune. Race and gender further influence the rise of different individuals. Given the history of racial and gender discrimination, it is better that the role of such factors remain publicly unexamined by politicians.
It is indeed a welcome outcome that a black man and a female can be serious contenders for the presidency, however, ugly identity politics may ultimately decide who the Democratic nominee is. Is it unbecoming to confess to a small feeling of schadenfreude at the discomfort as a consequence of identity politics of those who have exploited it so mercilessly in the past?
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